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High Court of Himachal Pradesh · body

2025 DAILYLAW 18720 (HP)

JOGINDER SINGH AND ANOTHER v. STATE OF HP AND ANOTHER

CRMMO/735/2025 · 2025-08-25

Virender Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:HHC:29001 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MMO No. 735 of 2025 Decided on : 25.08.2025 Joginder Singh & Anr. …Petitioners Versus State of H.P. & Anr. …Respondents Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioners : Petitioners in person with Mr. Vishal Verma, Advocate. For the respondents : Mr. Tejasvi Sharma and Mr. Mohinder Zharaick Additional Advocates General, with Mr. Rohit Sharma and Ms. Ranjna Patial, Deputy Advocates General for respondent No.1/ State. Respondent No. 2 in person with Mr. Hitender Thakur, Advocate. Virender Singh, Judge Petitioners have approached this Court, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2025:HHC:29001 2023 (hereinafter referred to as ‘BNSS’), for quashing of FIR No. 17/2020 dated 17.03.2020, registered under Sections 353, 332, 504, 506, 34 of Indian Penal Code, (hereinafter referred to as “FIR in question”) with Police Station Renuka Ji, District Sirmaur, H.P., as well as, the proceedings resultant thereto, which are pending in the Court of learned Judicial Magistrate First Class, Nahan, District Sirmaur, H.P. (hereinafter referred to as “the trial Court”), on the basis of the compromise, which is stated to have taken place between the petitioners and respondent No. 2. 2. It is the case of the petitioners that the FIR in question was registered at the instance of respondent No. 2, who has alleged that on 17.03.2020, he (respondent No. 2-complainant) was driving bus No. HP18A-5703 from Nahan to Solan via Dadahu route, Hitendra Kumar is the conductor in this bus. At about 9:50, when he (respondent No. 2) reached Dadahu Bus-Stand, the bus was not at the right place, so petitioner No. 1 (conductor of Ved Bus), first abused him (respondent No. 2), then when he (respondent No. 2) protested, the petitioner No. 1, started beating him. Driver, owner and two other people were also involved in 3 2025:HHC:29001 this. Thereafter, respondent No. 2, requested to take legal action against them. Respondent No. 2 came to know their names as Sohan Singh bus driver (petitioner No. 2) and Joginder Singh bus conductor (petitioner No. 1). Due to their beatings, respondent No. 2 got injuries on his left cheek and scratches on his neck. All the above have obstructed respondent No. 2-complainant from his official duty, in which they have threatened to kill him. 3. On the basis of above facts, police registered the FIR in question and criminal machinery swung into motion. 4. After completion of the investigation, police has filed the charge sheet, which is pending before the trial Court. 5. As per the case of the petitioners, during the pendency of the proceedings, before the learned trial Court, matter has been settled between the parties, as, they all are from the same profession. The terms and conditions of the compromise have been reduced into writing and the same has been annexed with the petition as Annexure P-2. 4 2025:HHC:29001 6. On the basis of compromise, Annexure P-2, a prayer has been made to allow the petition, by quashing the FIR in question. 7. When put to notice, respondent No. 1/State has filed the status report, disclosing therein, the manner, in which, the FIR in question has been registered and how the police had conducted the investigation and filed the charge sheet against the petitioners, which is pending before the learned trial Court. 8. Respondent No. 2, who at one point of time, had levelled the allegations against the petitioners, when appeared before this Court today, has made his statement, exonerating the petitioners from the allegations, which have been levelled against them, affirming that the FIR in question was lodged by respondent No. 2 (Kamal Chand) on account of a trivial matter and now, matter has been compromised between them, as petitioners and respondent No. 2 are of the same profession. The said compromise has been annexed with the petition as Annexure P-2. 5 2025:HHC:29001 9. Respondent No. 2 has also deposed that he has no objection, if the petition is allowed, in view of the compromise and the FIR in question is quashed. 10. Similar type of statement has also been made by the petitioners jointly. 11. Heard. 12. In view of the statements of the parties, especially the statement of respondent No. 2, who at one point of time, had lodged the FIR in question, but, when appeared in the witness box has exonerated the petitioners, by stating that the matter has been compromised between them, as they are of the same profession i.e. transportation and they want to live peacefully in the society and in order to maintain their future cordial relations, this Court is fully satisfied with regard to the genuineness of the compromise Annexure P- 2. 13. As per the stand taken by the parties i.e. petitioners, as well as, respondent No. 2, they are not strangers but are of the same area. 6 2025:HHC:29001 14. The primary purpose of law is to maintain peace and harmony in the society. When, the petitioners and respondent No.2 have buried all their disputes, by compromising the matter, then, permitting the proceedings to continue, before the learned trial Court, would be nothing, but, abuse of the process of law. 15. Even otherwise, acceptance of the compromise, by this Court, will save the precious judicial time of the learned trial Court, which, the learned trial Court will be in a position to devote for the decision of some other serious matters, pending before it. 16. Considering all these facts, the present petition is allowed and FIR No. 17/2020, dated 17.03.2020 registered with Police Station Rainuka Ji, District Sirmaur, H.P., under Sections 353, 332, 504, 506, 34 of IPC, as well as, the proceedings, resultant thereto, pending before the learned trial Court, are ordered to be quashed. 17. The compromise deed, Annexure P-2, and the statements of the parties, recorded today, shall form part of the judgment. 7 2025:HHC:29001 18. Pending miscellaneous applications, if any, shall also stand disposed of accordingly. ( Virender Singh ) Judge August 25, 2025 (Pramod)